January 19, 2018 - Introduced by Senator Feyen, cosponsored by Representatives Schraa, Tusler, Kulp and Tittl. Referred to Committee on Government Operations, Technology and Consumer Protection.

SB701,1,41An Act to repeal 942.10; to renumber and amend 114.045 (1) and 114.105; to 2amend 114.04 and 114.045 (3); and to create 114.045 (1) (b), 114.045 (1) (c), 3114.105 (1), 114.105 (3) and 114.105 (4) (b) of the statutes; relating to: the 4operation and regulation of unmanned aircraft and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill prohibits the operation of a drone in certain manners and prohibits a political subdivision from regulating the ownership or operation of a drone.

Current law prohibits the operation of a drone over a state correctional institution and the use of a drone with the intent to photograph, record, or otherwise observe another individual in a place or location where the individual has a reasonable expectation of privacy. This bill also prohibits the operation of a drone in any of the following manners: 1) so as to interfere with the official duties of a police officer, fire fighter, emergency medical responder, emergency medical services practitioner, or search and rescue officer; 2) so as to constitute stalking or criminal harassment; 3) so as to violate a restraining order or other judicial order; and 4) if an individual is required to register as a sex offender and is prohibited from taking these actions, for the purpose of following or contacting or photographing, recording, or otherwise observing another individual.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB701,2,122114.04Flying and landing, limitations. Subject to s.ss. 114.105 (3) 3and175.55, and except as provided in ss.
s. 114.045 and 942.10, flight of or in aircraft 4or spacecraft over the lands and waters of this state is lawful, unless at such a low 5altitude as to interfere with the then existing use to which the land or water, or the 6space over the land or water, is put by the owner, or unless so conducted as to be 7imminently dangerous or damaging to persons or property lawfully on the land or 8water beneath. The landing of an aircraft or spacecraft on the lands or waters of 9another, without the person's consent, is unlawful, except in the case of a forced 10landing. For damages caused by a forced landing, however, the owner or lessee of the 11aircraft or spacecraft or the aeronaut or astronaut shall be liable, as provided in s. 12114.05.

SB701,213Section
2. 114.045 (1) of the statutes is renumbered 114.045 (1) (intro.) and 14amended to read:

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114.045 (1) (intro.) No person may operate a drone, as defined in s. 114.105 (1) 16(a), overin any of the following manners:

SB701,2,1817(a) Over a correctional institution, as defined in s. 801.02 (7) (a) 1., including 18any grounds of the institution.

SB701,319Section
3. 114.045 (1) (b) of the statutes is created to read:

SB701,3,31114.045 (1) (b) So as to interfere with the official duties of a police officer, fire 2fighter, emergency medical responder, emergency medical services practitioner, or 3search and rescue officer.

SB701,44Section
4. 114.045 (1) (c) of the statutes is created to read:

SB701,3,77
2. So as to violate a restraining order or other judicial order.

SB701,3,108
3. For the purpose of photographing, recording, or otherwise observing another 9individual in a place or location where the individual has a reasonable expectation 10of privacy.

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4. If an individual is required to register as a sex offender and is prohibited from 12taking these actions, for the purpose of following or contacting or photographing, 13recording, or otherwise observing another individual.

SB701,3,1915
114.045 (3) A law enforcement officer investigating an alleged violation of sub. 16(1) (a) shall seize and transfer to the department of corrections or authority in charge 17of the correctional institution any photograph, motion picture, other visual 18representation, or data that represents a visual image that was created or recorded 19by a drone during an alleged violation of sub. (1) (a).

SB701,620Section
6. 114.105 of the statutes is renumbered 114.105 (2) and amended to 21read:

SB701,4,222
114.105 (2)Any county, town, city or villageA political subdivision may adopt 23any ordinance in strict conformity with the provisions of this chapter and impose the 24same penalty for violation of any of its provisions except that
suchan ordinance shall25under this subsection may not provide for the suspension or revocation of pilot or 1aircraft licenses or certificates and shall
may not provide for imprisonment except 2for failure to pay any fine which may be imposed.

SB701,4,83(4) (a) No local authority shallpolitical subdivision may enact any ordinance 4governing aircraft or aeronautics or spacecraft or astronautics contrary to or 5inconsistent with the provisions of this chapter or federal law.
Every court in which 6a violation of such ordinance is prosecuted shall make a written report of any 7conviction (including bail or appearance money forfeiture) to the federal aviation 8administration.

SB701,4,1311
(a) “Drone" means a powered, aerial vehicle that does not carry a human 12operator, uses aerodynamic forces to provide vehicle lift, and can fly autonomously 13or be piloted remotely. A drone may be expendable or recoverable.